Secrecy, National Security and the Vindication of Constitutional Law

Secrecy, National Security and the Vindication of Constitutional Law

Author: D. Cole

Publisher: Edward Elgar Publishing

Published: 2013

Total Pages: 369

ISBN-13: 1781953864

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ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.


Book Synopsis Secrecy, National Security and the Vindication of Constitutional Law by : D. Cole

Download or read book Secrecy, National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.

National Security Law and the Constitution

National Security Law and the Constitution

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2022-10-27

Total Pages: 1032

ISBN-13: 1543823416

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering


Book Synopsis National Security Law and the Constitution by : Geoffrey S. Corn

Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering

National Security Secrecy

National Security Secrecy

Author: Sudha Setty

Publisher: Cambridge University Press

Published: 2017-07-13

Total Pages: 247

ISBN-13: 110832634X

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Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.


Book Synopsis National Security Secrecy by : Sudha Setty

Download or read book National Security Secrecy written by Sudha Setty and published by Cambridge University Press. This book was released on 2017-07-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.

National Security Law

National Security Law

Author: Stephen Dycus

Publisher:

Published: 2007

Total Pages: 1210

ISBN-13:

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Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics


Book Synopsis National Security Law by : Stephen Dycus

Download or read book National Security Law written by Stephen Dycus and published by . This book was released on 2007 with total page 1210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics

The National Security Constitution

The National Security Constitution

Author: Paul Scott

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9781509911042

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Book Synopsis The National Security Constitution by : Paul Scott

Download or read book The National Security Constitution written by Paul Scott and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Routledge Handbook of Law and Terrorism

Routledge Handbook of Law and Terrorism

Author: Genevieve Lennon

Publisher: Routledge

Published: 2015-07-16

Total Pages: 507

ISBN-13: 1134455097

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In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.


Book Synopsis Routledge Handbook of Law and Terrorism by : Genevieve Lennon

Download or read book Routledge Handbook of Law and Terrorism written by Genevieve Lennon and published by Routledge. This book was released on 2015-07-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

Transparency and Secrecy in European Democracies

Transparency and Secrecy in European Democracies

Author: Dorota Mokrosinska

Publisher: Routledge

Published: 2020-11-11

Total Pages: 216

ISBN-13: 0429652070

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This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.


Book Synopsis Transparency and Secrecy in European Democracies by : Dorota Mokrosinska

Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.

Official Secrets and Oversight in the EU

Official Secrets and Oversight in the EU

Author: Vigjilenca Abazi

Publisher: Oxford University Press

Published: 2019-04-09

Total Pages: 223

ISBN-13: 0192578634

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This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.


Book Synopsis Official Secrets and Oversight in the EU by : Vigjilenca Abazi

Download or read book Official Secrets and Oversight in the EU written by Vigjilenca Abazi and published by Oxford University Press. This book was released on 2019-04-09 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.

National Security Law in Ireland

National Security Law in Ireland

Author: Eoin O'Connor

Publisher: Bloomsbury Publishing

Published: 2019-02-08

Total Pages: 405

ISBN-13: 1784519170

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National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.


Book Synopsis National Security Law in Ireland by : Eoin O'Connor

Download or read book National Security Law in Ireland written by Eoin O'Connor and published by Bloomsbury Publishing. This book was released on 2019-02-08 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.

Secrecy

Secrecy

Author: Hugh B. Urban

Publisher: University of Chicago Press

Published: 2021-01-12

Total Pages: 268

ISBN-13: 022674678X

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The powers of political secrecy and social spectacle have been taken to surreal extremes recently. Witness the twin terrors of a president who refuses to disclose dealings with foreign powers while the private data of ordinary citizens is stolen and marketed in order to manipulate consumer preferences and voting outcomes. We have become accustomed to thinking about secrecy in political terms and personal privacy terms. In this bracing, new work, Hugh Urban wants us to focus these same powers of observation on the role of secrecy in religion. With Secrecy, Urban investigates several revealing instances of the power of secrecy in religion, including nineteenth-century Scottish Rite Freemasonry, the sexual magic of a Russian-born Parisian mystic; the white supremacist BrüderSchweigen or “Silent Brotherhood” movement of the 1980s, the Five Percenters, and the Church of Scientology. An electrifying read, Secrecy is the culmination of decades of Urban’s reflections on a vexed, ever-present subject.


Book Synopsis Secrecy by : Hugh B. Urban

Download or read book Secrecy written by Hugh B. Urban and published by University of Chicago Press. This book was released on 2021-01-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The powers of political secrecy and social spectacle have been taken to surreal extremes recently. Witness the twin terrors of a president who refuses to disclose dealings with foreign powers while the private data of ordinary citizens is stolen and marketed in order to manipulate consumer preferences and voting outcomes. We have become accustomed to thinking about secrecy in political terms and personal privacy terms. In this bracing, new work, Hugh Urban wants us to focus these same powers of observation on the role of secrecy in religion. With Secrecy, Urban investigates several revealing instances of the power of secrecy in religion, including nineteenth-century Scottish Rite Freemasonry, the sexual magic of a Russian-born Parisian mystic; the white supremacist BrüderSchweigen or “Silent Brotherhood” movement of the 1980s, the Five Percenters, and the Church of Scientology. An electrifying read, Secrecy is the culmination of decades of Urban’s reflections on a vexed, ever-present subject.